New governors should know counties are eternal entities

The assumption of the Office of Governor Act, No. 4 of 2019 sought to create a seamless transition between an outgoing governor and the governor-elect.

It creates an assumption of office committee, chaired by the county secretary, with the membership of key chief officers, the county commissioner, representatives of the intelligence and police services, the clerk of the assembly as well as two persons nominated by the governor-elect.

In sum, it is “an act of parliament to provide for the procedure and ceremony for the assumption of the office of governor by the governor-elect; and for connected purposes”.

But as is often the case in our beloved republic, if you want to hide something from us, write it down.

Article 10 creates an offence punishable by a year in jail, a fine of Sh300,000 or both, for any county public officer who refuses to provide the information requested under this act within a reasonable time.

You will be surprised to learn, however, that there are still counties where handover reports are not available for the incoming teams, two weeks after governors were sworn in. 

Similarly, the act also requires that information requests be in writing, but many incoming teams preferred to seek it verbally.

This was particularly problematic in the weeks before swearing-in ceremonies and created unnecessary stalemates.

Perpetual succession

A county does not end with the change of governor. Rather, it has perpetual succession.

Listening to some incoming county chiefs and their teams, however, you might think otherwise.

An incoming administration both in the county and nationally inherits all the assets and liabilities of the outgoing administration. 

In the private sector, there would be no such debate or confusion. An incoming CEO inherits the balance sheet she finds.

But somehow in the thinking of some new county teams, the projects, contracts, assets and debts they find at handover are to be swept aside for a fresh start. 

Worse, this thinking has been in some cases extended sacking senior members of the public service.

In an orderly circumstance, it is the governor, Executives and chief officers who exit. Boards and CEOs of county entities exit as and when their terms expire.

But there is hope. To guard against willful breach of contracts by county governments or any other state organ, article 225 of the constitution gives the CS Treasury power to stop 50 per cent of the flow of funds for up to six months and to use the proceeds to resolve the breach.

The public finance management act provides an elaborate procedure of how this is to be done from articles 92 to 101.

Incoming teams will also do well to remember that their actions have an impact on the perception of the financial markets not just for their individual counties, but for the rest. It is never useful to cut your nose to spite your face.

@Ndiritu Mr Muriithi is an economist and former Governor of Laikipia County.